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THE CORPORATION OF THE TOWNSHIP OF
SOUTH FRONTENAC
BY-LAW 2014-33
BEING A BY-LAW TO REGULATE ENCLOSURES AROUND
PRIVATELY OWNED OUTDOOR SWIMMING POOLS
(POOL FENCE BY-LAW).
WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25, (the Act)
as amended/ a municipality has the capacity, rights/ powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS pursuant to section 8. (1) of the Act/ as amended/ sections 9 and 11 shall be
interpreted broadly so as to confer broad authority on municipalities (a) to enable them to
govern their affairs as they consider appropriate; and (b) to enhance their ability to respond
to municipal issues;
AND WHEREAS pursuant to section 11. (2) of the Act as amended, a lower-tier municipality
has the authority to pass by-laws respecting the health/ safety and well-being of persons;
AND WHEREAS pursuant to section 11. (3) of the Act/ as amended, a lower-tier municipality
has the authority to pass by-laws respecting structures/ including fences and signs;
AND WHEREAS pursuant to section 436 of the Act/ as amended/ a municipality has the power
to pass by-laws providing that the municipality may enter on land at any reasonable time for
the purpose of carrying out an inspection to determine compliance of a by-law of the
municipality passed under this Act.
AND WHEREAS pursuant to section 438 of the Act/ as amended/ a municipality has the power
to pass by-laws providing that the municipality may/ in the circumstances set out in the by-
laws/ undertake inspections pursuant to orders under section 438 of the Act.
NOW THEREFORE THE COUNCIL OF CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENAC ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1
Non-defined terms
Definitions of words and phrases used in this By-law that are not included in the list of
definitions shall have the meanings which are commonly assigned to them in the
context in which they are used in this By-law taking into account the specialized use
of terms with the various trades and professions to which the terminology applies.
1.2
Defined Terms
In this By-law,
1.2.1 Enclosure: Means a fence/ wall/ or other structure, including doors and gates/
surrounding a privately owned outdoor swimming pool to restrict access
thereto.
1.2.2 Fence: Means a barrier constructed of chain link metal, wood/ stone, metal,
or material having an equivalent degree of strength.
1.2.3 Gate: Means a swinging or sliding barrier used to fill or close an access and
includes a door.
1.2.4 Officer: Means a Municipal Law Enforcement Officer/ and includes the Chief
Building Official or designate.
1.2.5 Permit or Pool Enclosure Permit: means written permission or written
authorization from the Chief Building Official to perform work regulated by
this By-law.
1.2.6 Person: includes, but is not limited to, an Individual/ association, firm/
partnership corporation/ trust, incorporated company/ organization, trustee or
agent.
1.2.7 Privately Owned Outdoor Swimming Pool: Means any privately-owned
body of water located outdoors contained by artificial means in which the
depth of the water at any point can exceed eighteen inches (18W) and used or
capable of being used for swimming, wading, diving/ and bathing. Excluding;
f
any naturally formed depressions in the ground, a natural body of water, a
farm pond or irrigation pond used to water livestock or for irrigation
operations, any garden or fish or decorative pond used as landscaping
features, or any storm water management facility.
1.2.8 Service Entrance: Means that entrance into a building which is normally
used by persons entering such building for the purpose of delivering goods or
rendering maintenance services as opposed to the main or principal entrance.
2.
GENERAL PROVISIONS
2.1 No person shall:
2.1.1 excavate or cause or permit excavation for the erection of a privately-owned
outdoor swimming pool without a Pool Enclosure Permit first being obtained
from the Township;
2.1.2 place water in or allow water to remain in a privately-owned outdoor
swimming pool unless the Township has inspected the enclosure and
confirmed compliance with this By-law.
2.2 Every Owner of a privately-owned outdoor swimming pool shall ensure that all
enclosure requirements specified in this By-law are complied with.
2.3 Every owner of a privately-owned outdoor swimming pool shall/ ensure that every
gate and door required by paragraphs 3.8 and 3.9 is equipped with a locking
device/ and shall be kept locked at all times if there is more than eighteen inches
(18W) of water in the swimming pool and a responsible person is not present and
supervising the swimming pool.
3.
ENCLOSURES
3.1 Every owner of a privately-owned outdoor swimming pool shall erect and
maintain around it a fence and a gate or gates in accordance with the following
requirements. This applies to all owners of all pools, including those constructed prior
to the passage of this By-law.
3.2 No person shall fill a privately-owned outdoor swimming pool with water or
maintain such pool filled with water until an enclosure complying with the
requirements of this section has been erected around the swimming pool.
3.3 Such enclosure, including gates therein, shall;
3.3.1 Be a minimum height of five feet (5/) above the ground, measured on the
non-pool side of the enclosure/ or;
3.3.2 Where an above-ground pool is a minimum height of five feet (5') above
ground that shall be level for a distance of at least four feet (4') beyond the
pool wall, with no climbable features contained thereon. An enclosure will
not be required/ provided the sides of the pool are smooth-faced and non-
climbable and that the step/ladder shall:
a»
be manufactured to be easily removable without the use of tools
when the pool is unattended; or
b) be manufactured to be swung upwards and locked in the upright
position; or
»
c)
be enclosed by a fence and gate in accordance with subsection ^ of
this By-law.
3.4 Notwithstanding the provisions of Section 3.3 a pool installation is deemed to
comply if the installation was legally installed before January I/2003, provided that:
3.4.1 In the case of an above ground swimming pool/ the pool wall is a full four
feet from the ground or,
3.4.2 A poof is protected by a perimeter fence a full four feet high and
meets the requirement of section 3.7 and/
3.4.3 Gates and openings are a full four feet high and meet the other
provisions of section 3.8.
3.4.4 The owner completes additional safety features at the discretion of the
Chief Building Official.
3.5 When a wall of a building forms part of such enclosure/ no main or service
entrance to the building shall be located within the swimming pool area enclosure/
except that this requirement shall not apply when the main entrance and all
exterior service meters and intakes are located outside the enclosure.
3.6 Except as provided in 3.7.6, such enclosure shall have no rails or other horizontal or
diagonal bracing or attachments on the outside that would facilitate climbing.
3.7 A fence forming part of such enclosure shall be of a vertically boarded wood
construction, chain link construction, or of other materials and construction as
provided in clause 3.7.6.
3.7.1 Shall include no part consisting of barbed wire or having similar dangerous
characteristics and no device for projecting an electric current through the
fence or gate(s).
3.7.2 Fence location may occur on the property line but in no case be closer than
four feet (4/) to the pool or any climbable structure.
3.7.3 If constructed on the property line, shall be finished in such manner
as to present the most attractive side thereof toward neighbouring
property.
3.7.4 If of chain link construction, shall;
Be of not greater than one and one half inch (W) diamond mesh.
a
(b)
Be constructed of galvanized steel wire not less than No.12 gauge or
of minimum No.14 gauge steel wire covered with a vinyl or other
approved coating forming a total thickness equivalent to No.13
gauge galvanized wire.
(c)
Be supported by at least one and one half inch [VA"} diameter
galvanized steel posts, each covered by a minimum of two inches
(2W) of concrete from grade to a minimum of two feet (2/) below
grade, such posts to be spaced not more than ten feet(lO') apart.
Top and bottom rails shall be provided of one and one quarter inch
(1%) minimum diameter galvanized steel/ except that a one quarter
inch (1/4^) minimum diameter galvanized steel tension rod may be
substituted for the bottom horizontal steel rail. A vinyl or other
approved coating may be substituted for the galvanized coating;
3.7.5 If of wood construction/ shall;
(a)
Have the vertical boarding attached to supporting members/ all of
which are arranged in such a manner so as not to facilitate
climbing from the outside. Such vertical boards shall be not less
than one inch by four inch (l"x 4") nominal dimensions/ spaced
not more than one and one half inches (F/z") apart.
(b)
Be supported by a minimum of four inch (4W) square or four inch
(4") diameter posts/ nominal dimensions/ spaced not more than
eight feet (8/) on centers securely embedded to a minimum of two
feet (2/) below grade. That portion of the wood post below grade
shall be treated with a wood preservative. Top and bottom
horizontal rails shall be provided of wood two inches by four
inches (2W x 4") minimum nominal dimensions/ spaced four feet
(4/) minimum apart.
3.7.6 An enclosure may be of construction other than that specified/ provided an
equivalent degree of safety is maintained and shall;
(a)
Be constructed so that the rigidity is equal to that specified for
those fences described in clauses 3.7.4 and 3.7.5.
(b)
Be permitted to have exposed structural or other members that
may facilitate climbing the outside of the enclosure/ provided the
minimum clear vertical distance between the upper and the lower
two (2) members or part thereof, is four feet (4') and regardless of
the location of such members, where this minimum (4/) four feet
vertical dimensions is maintained/ the least dimension of any
opening through such fence/gate may be increased to not
more than that required to prevent the passage of a spherical
object having a diameter of four inches (4").
3.8 Gates forming part of such enclosure shall;
3.8.1 Be of construction and height equivalent to that required for the
fence, and;
(a) Be supported on substantial hinges/ and;
(b)
Be equipped with self-closing device/ and also equipped with a self-
latching and locking device placed at the top and on the inside of the
gate, and;
(c) Shall not abut township owned property except with written
approval by Council
3.9 Doors subject to the provisions of paragraph 3.5 that provide access from
building directly to the enclosed swimming area, other than doors located in a
dwelling unit or a rooming unit (i.e. main door from garage/ etc.) shall each be self-
closing and self-latching and shall be equipped with a locking device located not less
than five feet (5') above the bottom of the door.
3.10 No perimeter fencing is required for hot tubs/ whirlpools/ and spas provided they
are equipped with a rigid top that is specifically designed and manufactured for use
on the model of hot tub, whirlpool, or spa that is installed and is capable of being
locked.
4.
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
4.1 Application Requirements
4.1.1 Every person applying for a Pool Enclosure Permit shall provide and ensure
that an application is completed in its entirety and be accompanied by;
a) The plans, specifications / documents/ forms and other information
prescribed in Schedule "A" of this By-law.
(b)
All required permit fees are paid as provided in Schedule "B" of this
By-law as may be amended from time to time.
4.2 Posting of Permits
Every Owner shall post conspicuously on the work site/ the Pool Enclosure
Permit placard that is issued with the permit and shall be responsible for the
maintaining of the placard in a legible condition until the work allowed by the
permit is complete.
4.3
Revision to Permit
After the issuance of a Pool Enclosure Permit/ notice of any material change to a
plan/ specification/ document or other information on the basis of which the
permit was issued/ must be given in writing, to the Chief Building Official together
with the details of such change/ which is not to be made without the Chief
Building Official's written authorization.
4.4 Revocation of Applications and Permits
4.4.1 The Township has the authority to revoke an application or a Pool
Enclosure Permit issued under this By-law where:
(a) the application is incomplete and remains incomplete three (3)
months after it was submitted;
(b)
the application is complete, a permit is available to be issued, and
three (3) months has elapsed from the date upon which the Owner
was notified that the permit was available;
(c)
after three months (3) after its issuance/ the construction in
respect of which it was issued has not, in the opinion of the Chief
Building Official/ been seriously commenced.
4.4.2 Where an application or Pool Enclosure Permit is revoked, any monies
deposited towards the payment of permit fees are not subject to the
refund and all plans and documents may be destroyed In accordance with
the Record Retention By-law.
5.
SEVERABILITYAND RESTRICTIVE PROVISIONS
5.1 If a court of competent jurisdiction should declare any section or part of a section
of this By-law to be invalid such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
this By-law and it is hereby declared that the remainder of this By-law shall be
valid and shall remain In force.
5.2 Where the provisions of this By-law conflict with the provisions of any other by-
law or Act, the more restrictive provisions shall apply.
6.
POWERS OF ENTRY
6.1 An Officer may enter on a lot at any reasonable time for the purpose of carrying
out an inspection to determine whether or not the following are being complied
with:
6.1.1 the provisions of this By-law;
6.1.2 a direction or order issued under this By-law;
6.1.3 an order made under Section 431 of the Act.
7.
NOTICE OF NON-COMPLIANCE
7.1 An Officer may issue a notice of non-compliance to any person who has
contravened a provision of this By-law.
8.
OBSTRUCTION
8.1 No person shall hinder or obstruct, or attempt to hinder or obstruct/ an Officer
who is exercising a power or performing a duty under the Act or under a by-law
passed under the Act.
8.2 Any person who has been alleged to have contravened any of the provisions of a
By-law passed under the Act/ shall identify themselves to the Officer upon
request. Failure to do so shall be deemed to have obstructed or hindered the
Officer in the execution of the Officer's duties/
9.
PENALTY PROVISIONS
9.1 Any person who contravenes any provisions of this By-law is guilty of an offence and
upon conviction is liable to a fine as provided in the Provincial Offences Act R.S.O.
1990, c. P.33, as may be amended from time to time.
10.
SHORT TITLE
10.1 This By-law may be cited as "the "Pool Fence By-law".
11.
SCHEDULES
11.1 That Schedule "A", being the Required Supporting Documents & Drawings to an
Application for a Pool Enclosure Permit/ is attached hereto and forms part of this
By-law.
12.
REPEAL
12.1 That By-law 2002-97 is hereby deemed repealed.
13.
FORCE AND EFFECT
13.1 That this By-law shall come into force and effect on June 1, 2014.
Read a first and second time this 20th day of May 2014.
Read a third time, signed and sealed this 20th day of May, 2014.
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Wayne Orr,
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Chief
ninistrative Officer
SCHEDULE "A" OF BY-LAW 2014-33
BEING A BY-LAW TO REGULATE BEING A BY-LAW TO REGULATE ENCLOSURES AROUND
PRIVATELY OWNED OUTDOOR SWIMMING POOLS WITHIN THE TOWNSHIP OF SOUTH
FRONTENAC
PLANS, SPECIFICATIONS AND DOCUMENTATION REQUIREMENTS
The Owner shall provide with a completed application form/ the following supporting
documents and drawings:
1.
Site Plan:
a) showing the location of all existing structures (including septic system) on the
property in relation to the lot line;
b) showing the location of all existing easements/ right-of-ways and swales;
c)
showing the location of the adjoining street(s);
d) showing the location of the proposed Pool and Enclosure including setbacks to all the
lot lines;
e) showing the location and size of proposed structures (sheds, decks, retaining walls/
etc..) including setbacks to all the lot lines;
f)
showing the location of all gates/ labelled as "self-closing" and "self-latching";
g)
showing the location of all of doors within walls of building or structure proposed to
form part of the Pool Enclosure.
h)
construction specifications and/or drawings of all permanent Enclosure fences and
walls;
(')
showing all materials proposed to be used and their orientation
(ii) showing all proposed openings/ with dimension
iii»
indicating overall height(s) of Enclosure fences or walls
(iv»
If applicable/ specification documents of protective covers proposed for use
on hot tubs, whirlpools, and spas.
2.
Other Documentation
a)
Copies of authorizations/permits from other approving agencies
(Applicable Law approvals)
b)
Copy of deed or recent municipal Tax Bill (proof of ownership)
c)
Copy of survey
In addition to the foregoing items, other information may be required to enable the Chief
Building Official to determine whether the proposed work conforms this By-law.
SCHEDULE "B" OF BY-LAW 2014-33
BEING A BY-LAW TO REGULATE BEING A BY-LAW TO REGULATE ENCLOSURES AROUND
PRIVATELY OWNED OUTDOOR SWIMMING POOLS WITHIN THE TOWNSHIP OF SOUTH
FRONTENAC
PERMIT FEES AND SECURITY DEPOSIT
1.
Defined Terms.
The following words and terms in this Schedule have the following meaning for the purposes
of this Schedule,
Project
means the total estimate value of construction cost, which includes
Value
the cost of construction/ professional designer compensation, and other
similar charges.
2.
Deposits
A non-interest bearing refundable deposit of $500.00 shall be posted by the applicant to be
refunded once the conditions of By-law 2014-33 have been complied with.
3.
Fees
Pool enclosure permit fee is $14.00 per thousand dollars of project value/ minimum $60.00,
and subject to the following provisions;
a) The Chief Building Official shall not issue a permit until fees required by this By-law
have been paid in full by the applicant.
b) The Chief Building Official may place a valuation on the cost of the proposed project
as contained in this Schedule and where disputed by the applicant/ the applicant shall
pay the required fee under protest and/within six months of completion of the
project, shall submit an audited statement of the actual costs. Where the Chief
Building Official, in his sole discretion/ agrees that the audited costs are less than the
valuation, the Chief Building Official may issue a partial refund that reflects the
difference between the two amounts.
c)
The Fees set out in this Schedule shall be adjusted annually on and effective the 1st
of February based upon the 3rd quarter Statistics Canada Non-Residential Cost Index:
Ottawa; where such index indicates negative growth/ the fees shall remain at the
level established for the prior year. The Chief Building Official shall update this
Schedule as of February 1st each year, rounding the fees up to the next dollar/
however no amendment to the by-law shall be required to give effect to the fee
changes.
d)
Where any Fees set out in this Schedule remain unpaid after the due date/ the
amount unpaid shall be added to the tax roll and collected as taxes.